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District Attorney - Press Releases

Posted on: February 24, 2022

D.A. Gonzales: Parents will not be prosecuted for protecting their children

The following is a statement from D.A. Gonzales:

Parents will not be prosecuted for protecting their children.

Grandparents will not be prosecuted for loving their grand-children.

Doctors will not be prosecuted for providing medical care for their patients.

The village of friends, family members, teachers, and others who support LGBQT youth will not be prosecuted for acts of love.  The LGBQT youth in our community need to know they have our support, not further divisiveness.

I do not support using CPS to remove a child from a home where a child is safe, loved and cared for.  In fact, current law explicitly prohibits removing a child from the parent’s custody unless there is an immediate danger to the health or safety of the child.

My office will continue to focus on matters where there is demonstrated child abuse and neglect.   The Governor has chosen to involve several state agencies in matters best left to the family, in particular where there is no abuse.  Politicians should stop inserting themselves into medical care decisions that are best left to doctors and patients.  

Parents of Bexar County, rest assured, my office will follow the law.  We will not threaten to remove your children from your home or interfere in private medical matters for political gain.

I also disagree with AG Paxton and his effort to create fear amongst the medical professionals and support networks that support LGBQT youth.  The AG issued a broad, non-binding opinion that knowing or supporting LGBQT youth can somehow result in criminal prosecution for failing to report child abuse, under the Texas Family Code[1].  

The logic employed in the opinion directly contradicts decades of generally accepted medical care.   It also ignores the reality that necessary life-saving medical care is not child abuse.  In 2018, the American Academy of Pediatrics issued a policy statement[2] that defines gender affirmation as developmentally appropriate, nonjudgmental, supportive care provided in a safe clinical space.  The American Psychological Association also issued a statement[3] of professional consensus regarding sexual orientation and gender identity, wherein the Association voices support for expression of gender identity.  

Simply declaring medical care abusive does not make it so.  Without abuse or neglect, family members, medical professionals, teachers and other members of the community have no obligation to report child abuse.  As such, our office would not prosecute the family members, medical professionals, teachers and others who provide medical care, unconditional love and emotional support for this vulnerable population.

Parents should not have politicians standing in the way of life-saving care and resources for their child.  I encourage our elected officials to focus their efforts on the true issues that our children face today and show concern for the best interests of Texas children.

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